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Mentor Overview
Codified Ordinances of Mentor, OH
CODIFIED ORDINANCES
CERTIFICATION
ADOPTING ORDINANCE NO. 07-O-49
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF MENTOR, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
TITLE ONE - Administration
TITLE THREE - Streets and Traffic Control Devices
TITLE FIVE - Vehicles
CHAPTER 331 Operation Generally
331.01 DRIVING UPON RIGHT SIDE OF ROADWAY; EXCEPTIONS.
331.02 PASSING TO RIGHT WHEN PROCEEDING IN OPPOSITE DIRECTIONS.
331.03 OVERTAKING, PASSING TO LEFT; DRIVER'S DUTIES.
331.04 OVERTAKING AND PASSING UPON RIGHT.
331.05 OVERTAKING, PASSING TO LEFT OF CENTER.
331.06 ADDITIONAL RESTRICTIONS ON DRIVING UPON LEFT SIDE OF ROADWAY.
331.07 HAZARDOUS OR NO PASSING ZONES.
331.08 DRIVING IN MARKED LANES OR CONTINUOUS LINES OF TRAFFIC.
331.09 FOLLOWING TOO CLOSELY.
331.10 TURNING AT INTERSECTIONS.
331.11 TURNING INTO PRIVATE DRIVEWAY, ALLEY OR BUILDING.
331.12 "U" TURNS RESTRICTED.
331.13 STARTING AND BACKING VEHICLES.
331.14 SIGNALS BEFORE CHANGING COURSE, TURNING OR STOPPING.
331.15 HAND AND ARM SIGNALS.
331.16 RIGHT OF WAY AT INTERSECTIONS.
331.17 RIGHT OF WAY WHEN TURNING LEFT.
331.18 OPERATION OF VEHICLE AT YIELD SIGNS.
331.19 OPERATION OF VEHICLE AT STOP SIGNS.
331.20 EMERGENCY OR PUBLIC SAFETY VEHICLES AT STOP SIGNALS OR SIGNS.
331.21 RIGHT OF WAY OF PUBLIC SAFETY OR CORONER'S VEHICLE.
331.211 REPORT OF VEHICLE FAILING TO YIELD RIGHT OF WAY TO PUBLIC SAFETY VEHICLE.
331.22 DRIVING ONTO ROADWAY FROM PLACE OTHER THAN ROADWAY: DUTY TO YIELD.
331.23 DRIVING ONTO ROADWAY FROM PLACE OTHER THAN ROADWAY STOPPING AT SIDEWALK.
331.24 RIGHT OF WAY OF FUNERAL PROCESSION.
331.25 DRIVER'S VIEW AND CONTROL TO BE UNOBSTRUCTED BY LOAD OR PERSONS.
331.26 DRIVING UPON STREET POSTED AS CLOSED FOR REPAIR.
331.27 FOLLOWING AND PARKING NEAR EMERGENCY OR SAFETY VEHICLES.
331.28 DRIVING OVER FIRE HOSE.
331.29 DRIVING THROUGH SAFETY ZONE.
331.30 ONE-WAY STREETS AND ROTARY TRAFFIC ISLANDS.
331.31 DRIVING UPON DIVIDED ROADWAYS.
331.32 ENTERING AND EXITING CONTROLLED-ACCESS HIGHWAY.
331.33 OBSTRUCTING INTERSECTION, CROSSWALK OR GRADE CROSSING.
331.34 FAILURE TO CONTROL; WEAVING; FULL TIME AND ATTENTION.
331.35 OCCUPYING TRAVEL TRAILER, FIFTH WHEEL VEHICLE, OR MANUFACTURED OR MOBILE HOME WHILE IN MOTION.
331.36 SQUEALING TIRES, "PEELING," CRACKING EXHAUST NOISES.
331.37 DRIVING UPON SIDEWALKS, STREET LAWNS OR CURBS.
331.38 STOPPING FOR SCHOOL BUS; DISCHARGING CHILDREN.
331.39 DRIVING ACROSS GRADE CROSSING.
331.40 STOPPING AT GRADE CROSSING.
331.41 SHORTCUTTING; AVOIDING TRAFFIC CONTROL DEVICES.
331.42 LITTERING FROM MOTOR VEHICLE.
331.43 WEARING EARPLUGS OR EARPHONES PROHIBITED.
331.44 VEHICULAR OPERATION ON STREET CLOSED DUE TO RISE IN WATER LEVEL.
331.45 RESTRICTIONS ON THE OPERATION OF SCHOOL BUSES.
CHAPTER 333 OVI; Willful Misconduct; Speed
CHAPTER 335 Licensing; Accidents
CHAPTER 337 Safety and Equipment
CHAPTER 339 Commercial and Heavy Vehicles
CHAPTER 341 Commercial Drivers
TITLE SEVEN - Parking
TITLE NINE - Pedestrians, Bicycles and Motorcycles
TITLE ELEVEN - Watercraft
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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331.33 OBSTRUCTING INTERSECTION, CROSSWALK OR GRADE CROSSING.
   (a)    No driver shall enter an intersection or marked crosswalk or drive onto any railroad grade crossing unless there is suff'cient space on the other side of the intersection, crosswalk or grade crossing to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles, pedestrians or railroad trains, notwithstanding any traffic control signal indication to proceed.
   (b)    Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code.
(ORC 4511.712)
      
331.34 FAILURE TO CONTROL; WEAVING; FULL TIME AND ATTENTION.
   (a)   No person shall operate a vehicle without exercising reasonable and ordinary control over such vehicle.
   (b)    No person shall operate a vehicle in a weaving or zigzag course unless such irregular course is necessary for safe operation or in compliance with law.
   (c)   No person shall operate a vehicle without giving his full time and attention to the operation of such vehicle.
   (d)    Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
331.35 OCCUPYING TRAVEL TRAILER, FIFTH WHEEL VEHICLE, OR MANUFACTURED OR MOBILE HOME WHILE IN MOTION.
   (a)   Except as provided in subsection (b) of this section, no person shall occupy any travel trailer, fifth wheel trailer, or manufactured or mobile home while it is being used as a conveyance upon a street or highway.
   (b)   (1)   Subsection (a) of this section does not apply to a fifth wheel trailer when both of the following apply:
         A.   Any child riding in the fifth wheel trailer is properly secured in the manner provided in Ohio R.C. 4511.81.
         B.   The operator of the vehicle towing the fifth wheel trailer has some means of viable communication with the passengers riding in the trailer.
      (2)   As used in this section, “viable communication” includes a cellular or satellite telephone, a radio or any other similar electronic wireless communications device.
   (c)   (1)   Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
      (2)   The offense established under this section is a strict liability offense and Ohio R.C. 2901.20 does not apply. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense. (ORC 4511.701)
331.36 SQUEALING TIRES, "PEELING," CRACKING EXHAUST NOISES.
   (a)    No person shall unnecessarily race the motor of any vehicle and no person shall operate any motor vehicle, except in an emergency, in such a manner that the vehicle is so rapidly accelerated or started from a stopped position that the exhaust system emits a loud, cracking or chattering noise unusual to its normal operation, or whereby the tires of such vehicle squeal or leave tire marks on the roadway, commonly called "peeling".
   (b)    Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
331.37 DRIVING UPON SIDEWALKS, STREET LAWNS OR CURBS.
   (a)   (1)   No person shall drive any vehicle, other than a bicycle or an electric bicycle if the motor is not engaged, upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.
      (2)    This prohibition does not apply to a law enforcement officer, or other person sworn to enforce the criminal and traffic laws of the state, using an electric bicycle with the motor engaged while in the performance of the officer’s duties.
      (3)    Nothing in this section shall be construed as prohibiting local authorities from regulating the operation of bicycles or electric bicycles, except that no local authority may require that bicycles or electric bicycles be operated on sidewalks. (ORC 4511.711(A))
   (b)    No person shall drive a vehicle on a street lawn area or the curb of a street, except upon a permanent or duly authorized temporary driveway or when otherwise lawfully authorized.
   (c)    Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.    If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code.
(ORC 4511.711)
331.38 STOPPING FOR SCHOOL BUS; DISCHARGING CHILDREN.
   (a)   The driver of a vehicle upon meeting or overtaking from either direction any school bus stopped for the purpose of receiving or discharging any school child, person attending programs offered by community boards of mental health and County boards of developmental disabilities, or child attending a program offered by a head start agency, shall stop at least ten feet from the front or rear of the school bus and shall not proceed until such school bus resumes motion, or until signaled by the school bus driver to proceed.
   It is no defense to a charge under this subsection (a) hereof that the school bus involved failed to display or be equipped with an automatically extended stop warning sign as required by subsection (b) hereof.
   (b)   Every school bus shall be equipped with amber and red visual signals meeting the requirements of Ohio R.C. 4511.771, or a substantially equivalent municipal ordinance, and an automatically extended stop warning sign of a type approved by the Ohio Department of Education and Workforce, which shall be actuated by the driver of the bus whenever but only whenever the bus is stopped or stopping on the roadway for the purpose of receiving or discharging school children, persons attending programs offered by community boards of mental health and County boards of developmental disabilities, or children attending programs offered by head start agencies. A school bus driver shall not actuate the visual signals or the stop warning sign in designated school bus loading areas where the bus is entirely off the roadway or at school buildings when children or persons attending programs offered by community boards of mental health and County boards of developmental disabilities are loading or unloading at curbside or at buildings when children attending programs offered by head start agencies are loading or unloading at curbside. The visual signals and stop warning sign shall be synchronized or otherwise operated as required by rule of the Ohio Administrative Code.
   (c)   Where a highway has been divided into four or more traffic lanes, a driver of a vehicle need not stop for a school bus approaching from the opposite direction which has stopped for the purpose of receiving or discharging any school child, persons attending programs offered by community boards of mental health and County boards of developmental disabilities, or children attending programs offered by head start agencies. The driver of any vehicle overtaking the school bus shall comply with subsection (a) hereof.
   (d)   School buses operating on divided highways or on highways with four or more traffic lanes shall receive and discharge all school children, persons attending programs offered by community boards of mental health and County boards of developmental disabilities, and children attending programs offered by head start agencies on their residence side of the highway.
   (e)   No school bus driver shall start the driver’s bus until after any child, person attending programs offered by community boards of mental health and County boards of developmental disabilities, or child attending a program offered by a head start agency who may have alighted therefrom has reached a place of safety on the child or person’s residence side of the road.
   (f)   As used in this section:
      (1)   “Head start agency” has the same meaning as in Ohio R.C. 3301.32.
      (2)   “School bus”, as used in relation to children who attend a program offered by a head start agency, means a bus that is owned and operated by a head start agency, is equipped with an automatically extended stop warning sign of a type approved by the Ohio Department of Education and Workforce, is painted the color and displays the markings described in Ohio R.C. 4511.77, and is equipped with amber and red visual signals meeting the requirements of Ohio R.C. 4511.77, irrespective of whether or not the bus has fifteen or more children aboard at any time. “School bus” does not include a van owned and operated by a head start agency, irrespective of its color, lights, or markings.
   (g)    (1)    Whoever violates subsection (a) of this section may be fined an amount not to exceed five hundred dollars ($500.00). A person who is issued a citation for a violation of subsection (a) of this section is not permitted to enter a written plea of guilty and waive the person's right to contest the citation in a trial but instead must appear in person in the proper court to answer the charge.
      (2)    In addition to and independent of any other penalty provided by law, the court or mayor may impose upon an offender who violates this section a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (a)(7) of Ohio R.C. 4510.02. When a license is suspended under this section, the court or mayor shall cause the offender to deliver the license to the court, and the court or clerk of the court immediately shall forward the license to the Registrar of Motor Vehicles, together with notice of the court's action.
         (ORC 4511.75)
331.39 DRIVING ACROSS GRADE CROSSING.
   (a)    (1)    Whenever any person driving a vehicle approaches a railroad grade crossing, the person shall stop within fifty feet, but not less than fifteen feet from the nearest rail of the railroad, if any of the following circumstances exist at the crossing:
         A.    A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train.
         B.    A crossing gate is lowered.
         C.    A flagperson gives or continues to give a signal of the approach or passage of a train.
         D.    There is insufficient space on the other side of the railroad grade crossing to accommodate the vehicle the person is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains, notwithstanding any traffic control signal indication to proceed.
         E.    An approaching train is emitting an audible signal or is plainly visible and is in hazardous proximity to the crossing.
         F.    There is insufficient undercarriage clearance to safely negotiate the crossing.
      (2)    A person who is driving a vehicle and who approaches a railroad grade crossing shall not proceed as long as any of the circumstances described in divisions (a)(l)A. to F. of this section exist at the crossing.
   (b)    No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed unless the person is signaled by a law enforcement officer or flagperson that it is permissible to do so.
   (c)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(ORC 4511.62)
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